My Attorney told me not to show up at closing (sale, real estate)

[LoveAlbuquerque]

I'm selling my house. My attorney asks me (in the strongest term) not to show up at closing. He said if the buyer asks me questions about my house and I fail to give satisfactory answers, the buyer may back out.

He also said he had advised his other clients (sellers) not to show up at their closings, either. He said he had not had any client (seller) show up at closing at least during the most recent year. He said he had situations where the buyer asked the seller questions and the seller didn't address well, and the buyer backed out.

Since most people asked me to go to my closing, I wonder if I should listen to my attorney (not show up at closing). Since I would assign him power of attorney at my closing as he requested, I wonder he would take my money by having me not show up.

Any advice?

[shiver]

It's very common for a seller's attorney to handle the closing on behalf of the seller under a power of attorney for the reasons that your attorney specified. Additionally, most sellers don't want to take the time from their day to show up at the closing and there really is no need to do so. Do you have any reason to doubt your attorney? Do they work out of a real office? Have an IOLTA account? Are they licensed by the BBO - The BBOWEB database lookup by Last+F* name. ? Unless you're working with someone who you doubt is actually an attorney or is a really, really shady one, you're fine. It's standard practice. I don't see any reason to worry.

Also, in most instances, you don't get your money the minute after closing anyway. Most attorneys hold onto it until the deed, mortgage etc. are recorded at the appropriate registry of deeds (usually later that day or the next morning if the closing happened late in the afternoon). Technically the sale isn't complete until it's recorded.

ETA: I will say that if you really want to go, your attorney shouldn't prevent you from doing so. Unless, it was a contentious transaction and there is some unresolved bad blood. Then the attorneys and agents may want to keep the parties away from each other.

[CaseyB]

Go to your closing. Not everyone does, but this would make me suspicious.

[clevedark]

We never go to our closings. Nothing suspicious about it. Sometimes you're not in town, very often you're in the middle of a move.

[Beachcomber4]

I agree with Casey. Go. This seller has been forcefully told to sign important documents without reading them and has had a number of deals fall through. This hasn't passed the "stink" test since the beginning.

[professorsenator]

Originally Posted by Beachcomber4

I agree with Casey. Go. This seller has been forcefully told to sign important documents without reading them and has had a number of deals fall through. This hasn't passed the "stink" test since the beginning.

I concur -- absolutely go. The idea that buyers would ask some type of difficult question about the house at closing is dubious at best. The seller disclosure form covers that, after all, and any conversational back-and-forth does not. Frankly, this sounds like a reason for the realtor to keep you in the dark and absolutely NOTHING good for you can come of that. I have been at six closings I have been involved in -- I did not miss one and would not think of doing so.

And be sure to review the HUD-1 form (aka "settlement form") the day before closing. BY LAW you have the right to read it over 24 hours before closing. Your realtor should provide a copy of it to you. If he/she doesn't, tell them you want it the day before and you know that you have the right under federal law to get it 24 hours before closing.

The tiltle and/or closing folks often don't want to be bothered to draw the form up the day before and they may put you off on your request for it. DO NOT LET THEM PUSH YOU AROUND! They know that they have to provide it to you by law -- let them know that you know your rights under the law. I have had to tell people before "If you do not provide the form to my as the law requires within 24 hours of closing, I will not close. Period."

[KellyCrash]

That would make me very suspcious also. Is there something wrong with your house that you haven't disclosed? Is your attorney afraid you'll say something? I don't get it.

I would go.

The real estate attorneys typically don't prepare the HUD / settlement statement until they receive the #s from the bank for the buyer. Banks are notrious for not getting you that information until the last minute. Seriously! I've had closings where we didn't get the documents from the bank till an hour prior to the closing. All completely normal. The bank attorney should be able to draw up a HUD with all the #s affecting the seller ahead of time for you while the buyers' side may be incomplete.

[knitgirl]

I'm a mortgage processor in IL, so I know things vary by state. A good processor and lender will have the figures over to the title company or attorney 2 days prior to closing. If the borrowers have delayed in getting conditions required by the lender back to the processor, things can be kind of last minute. Generally people in the business take purchase very seriously because we know several transactions can hinge on that 1 closing, so sometimes if there is rushing around at the last minute it's because people are not being cooperative enough. Most processors I know hate to blow a closing date on a purchase and will lose sleep over the deals that don't go smoothly. I work for a broker, so sometimes we prepare the docs and sometimes the end lender does. I have been involved in transactions where I have sent figures 48 hrs in advance, but when I have followed up with the title company, they've lied to me and said they didn't have the lenders figures. Since I know that I prepared and sent them, and I verified the e-mail address and did not get a response back that they weren't delivered, I know the title company was just looking for someone to blame.

It's probably not normal for sellers to go to closings here in IL, but I would not trust an attorney who told me so strongly not to attend.

[crazyworld]

Trust your gut...that would make me suspicious...your money your house and you are paying the attorney so I believe it is your right.

[pjslad]

we moved out of state before the closing of our house....no problems. Our Realtor handled everything for us.